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2 weeks after filing chapter 7, What if I get a job?

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    2 weeks after filing chapter 7, What if I get a job?

    I couldn't find any discussion about my specific question, sorry if I missed it somewhere.....


    I'm close to filing chapter 7, however I am also close to landing a nice paying job. I've been unemployed for almost 8 months now. For me, finding a decent Job in this economy has been difficult.

    My question: If I file chapter 7 tomorrow, then start working a few weeks later, which will put me above the means test, will I be forced to chapter 13????


    on a personal level. I just found this site and have been reading everybody's stories. Times are tough and I think its only starting. I hope things work out for people. You are NOT alone.

    #2
    I always hear it is best to start a new job after you have your 341 meeting. You may be able to get by if you file then get hired. There is a chance I assume that the trustee will ask if there has been any changes to your income at the 341. Then if hired....you'd have to say ......YES! Then there's that chance of having to convert to a 13.

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      #3
      We were told to not start a new job until after the 341. You could tell the potential employer that your available to start day is "___" the day after the 341. However, that said, the trustee never asked us about changes in income at the 341. Just asked if everything is correct. I believe it is just luck of the draw. Keep in mind that you may not even receive a paycheck until after the 341.
      Filed!!04/23/2008[X] 341 5/27/2008[X]Converted to asset case 5/26/2008 [X]
      DISCHARGE 08/12/2008[X]
      Converted to NO Asset case 12/15/2008[X]
      Closed 12/16/2008 [X]:yahoo::yahoo::yahoo:

      Comment


        #4
        Originally posted by MomIcantFindmy View Post
        We were told to not start a new job until after the 341. You could tell the potential employer that your available to start day is "___" the day after the 341. However, that said, the trustee never asked us about changes in income at the 341. Just asked if everything is correct. I believe it is just luck of the draw. Keep in mind that you may not even receive a paycheck until after the 341.
        And depending on how the employer pays, you might not get a check until the end of the month.

        Good luck on the job! I'm trying to add more hours to my PT job. There is also a FT position at this same employer that I am hoping to get. No word yet, though.
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

        Comment


          #5
          The income does not come into play on the means test as the means test only considers the six month time frame ending on the last day of the month before you file. If you get a job before your 341 hearing, Schedules I and J ("current expenditures") would need to be amended. There is zero chance (in my opinion) that the trustee isn't going to ask, "Has your unemployment situation or income changed since filing?"... and that would not be the ideal time to notify the trustee that you now have a job.

          With that said, I hope you get the job and I hope your starting date is two days after your 341! Good luck!

          Comment


            #6
            thanks for all your responses!

            HELP. Thats what I'm going to try and make sure happens. Start the Job a few days after the 341. But, I gather from reading this forum, the 341 hearing date might be a little hard to nail down.

            I really hate to give up this job. But I also do NOT want to go to Chapter 13. I dont have a house. I ended up short selling that 8 months ago.

            I think I would have to pass on the job if it means any chance of having to switch to chapter 13.... Im just not going to spend the next 4-5 years WORKING and still broke.....That might sound selfish or irresponsible. But Ive abandoned any "moral" issues I had a long time ago....It truly is a dog eat dog world.

            Especially when there are other options...

            Comment


              #7
              Totally understand... There is always the risk that the 341 hearing will get continued the way mine was, which extends that period of "OMG am I going to get dismissed for that?!" another month. Anyway, good luck!

              Comment


                #8
                I don't know about where you are. I'm in Nevada, and the day I filed, they told me what my 341 date was. It was about a month and a week from the day that I filed. Good luck.
                BK filed July 14, 2008
                341 scheduled for Aug 21, 2008

                Comment


                  #9
                  OK, don’t give up the job opportunity. In today’s world, you may not get as good later. They will go back six months to date. If you are able to postpone, good. If not, be honest and state, you are so far under you are nearly exhausted by the debt. You do need a “new start”. Whatever happens, don’t risk the job. Perhaps start on it as a contractor to start if you have a good management. Not knowing the type of job or company, there are ways of getting by. Don’t get me wrong, do nothing shady, but as you said, it is a tough world out there. However you see by this vary forum, there are many good people in this world who as human, have made mistakes, unwise decisions, or disasters. You are among friends. Perhaps you can level with your potential new boss. Not knowing any more than what you have said, this could be good or bad. You judge. ‘Hub
                  If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                  Comment


                    #10
                    I really do appreciate the advice.

                    Its funny how things turn out. I shouldve filed chapter 7 a few months ago when I didn't have any offers for employment. But I was grieving a death in the family and sort of "bummed" about not being able to find a job.

                    Now that I go to file chapter 7, I get multiple offers.......ain't that a *****.

                    I look back to 3 to 4 years ago and Im amazed how quickly things fell apart.....I always knew housing was going to correct, but I am shocked how FAST it happened. It caught me off guard and Ive paid the price for being a little too relaxed. My plan was to sell the house , pay off debt and still have cash left over. That didn't happen.

                    The correction is happening so FAST. The economic decline is happening so fast. I think the country will be stuck here, for awhile at least. It might even get worse...Mental toughness will be required to get through the changes...

                    Forums like this are Great!!!

                    Comment


                      #11
                      I got a 2nd job after the 341 and it didn't affect my case at all. Ask your atty to be sure. Good luck.
                      Filed Chapter 7 (Primarily Business Expenses) 04/10/2008 FICO 468 :cry:
                      341 on 05/06/08:unsure:House appraisal on day 63:blink: 07/10/2008 Discharged-Asset Case!!!:yahoo:08/09 Transu 559, Equifax 636, Experian 647
                      Case Closed 07/15/2009 :D:yahoo:

                      Comment


                        #12
                        I got a second job right after filing. Our lawyer never asked the dreaded "has anything changed" question so I never had to reveal it. We were nervous as my husband was agressively looking for a new job. But he ended up with a job offer about 1 week after our discharge.

                        However, my lawyer did advise waiting to start until after the 341 meeting. His opinion was that until that first paycheck is in your hands the new job is simply supposition and hopefulness.
                        Filed: 10/26/2006
                        Discharged: 03/05/2007
                        Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

                        Comment

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